Mohamed bin Mahoud Mazrui v. R., Crim. App. 81-Z-65, 29/12/65, Saidi Ag. C. J.

Mohamed bin Mahoud Mazrui v. R., Crim. App. 81-Z-65, 29/12/65, Saidi Ag. C. J.

The accused sent a child to pick 18 coconuts from a tree. When the child was arrested for this, the accused secured his release and undertook to make an account to the police for the cocoanuts. He was himself charged with stealing, and convicted. In his judgment, the magistrate referred to certain statements allegedly made by the accused to the arresting police officer, though the accused denied having made them.

Held: There was ample evidence to show that the accused had sent the child to pick the cocoanuts, and that he had later appeared for the boy and made an attempt to account for the cocoanuts, other than the improperly admitted “confession”. That evidence supports the conviction for stealing, and it therefore stands. Appeal dismissed.